HULS TRANSMISSION SDN BHD v TELEKOM MALAYSIA BERHAD
wa-12bncvc-151-11-2023 High Court (Mahkamah Tinggi) 28 November 2024 • WA-12BNCvC-151-11/2023 • 12 min read
14 cases cited
(0 SG, 14 foreign)
Catchwords
- This is an appeal by the Appellant against the decision of the Sessions Court on 9.11.2023 after a full trial, allowing the Respondent’s claim for losses and damages in the sum of RM905,716.55. - The “plainly wrong” test is the test applicable when determining whether an appellate Court should intervene with the lower courts’ decision. The “plainly wrong” test means when the “learned trial Judge had gone plainly wrong … in the sense that it could not reasonably be explained or justified and so was one which no reasonable Judge could have reached. - Therefore, after perusal of the learned SCJ grounds for her decision, this Court finds that the learned SCJ had not misdirected herself when she allowed the Plaintiff’s claim in full. - under O. 55 of ROC, this appeal is by way of a rehearing and this court has assessed and weighed all the evidence and laws placed before this Court in its entirety. In this regard, for all the reasons aforesaid, this Court finds that there is no merit in the Plaintiff’s appeal to warrant appellate intervention.
Judges (1)
Statutes Cited
Evidence Act 1950 (Cap 56)
Cases Cited (14)
MY (14)
[2001] 2 CLJ 474 [2004] 4 CLJ 309 [2005] 2 MLJ 1 [2014] 9 CLJ 1064 [2014] MLJU 1807 [2016] 2 MLJ 428 [2016] 4 CLJ 665 [2018] 2 CLJ 641 [2018] 2 MLJ 177 [2020] 10 CLJ 1 [2020] 12 MLJ 67 [2021] 3 MLJ 622 [2021] 4 CLJ 821 [2021] MLJU 2485
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12bncvc-151-11-2023)